AP-76,913 THURMAN, EX PARTE KENTRELL DESHAY FROM HARRIS COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and sentenced to forty-two years’ imprisonment. He did not appeal his conviction. Continue reading
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AP-76,912 FLORES, EX PARTE MARTINIANO R. FROM COLLIN COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of aggravated sexual assault of a child, three counts of indecency with a child by contact, and one count of indecency with a child by exposure. He was sentenced to three twenty-year sentences, two five-year sentences, and two ten-year sentences, with two of the twenty-year sentences to be served consecutively, and the other sentences to be served concurrently. The Fifth Court of Appeals affirmed his conviction. Flores v. State, No. 05-06-01297-CR (Tex. App. – Dallas, June 10, 2008). . Continue reading
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AP-76,911 ACY, EX PARTE CRAIG DESHAUN FROM SMITH COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of evading arrest or detention in a vehicle and sentenced to two years’ imprisonment.
Applicant contends that he was denied his right to a direct appeal of this conviction. The State concedes that Applicant is entitled to a direct appeal but was denied it through no fault of his own, and the trial court recommends an out-of-time appeal be granted. See Ex parte Riley, 193 S.W.3d 900 (Tex.Crim.App. 2006). Continue reading
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AP-76,910 TAIYM, EX PARTE ZIYAD FROM BEXAR COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault and sentenced to twenty years’ imprisonment. Continue reading
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AP-76,909 WIGGINS, EX PARTE DAVID FROM CORYELL COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to life imprisonment. The Second Court of Appeals affirmed his conviction. Wiggins v. State, No. 02-89-0217-CR (Tex. App.-Ft. Worth, delivered March 20, 1991, pet. ref’d). Applicant contends that he has newly discovered evidence that he is actually innocent of this offense. The trial court has determined that no rational jury would have convicted Applicant in light of the new evidence, which was previously unavailable to Applicant. The evidence, obtained pursuant to post-conviction DNA testing and investigation, indicates that it was another individual, and not Applicant, who committed this offense. The State and the trial court agree that Applicant is entitled to relief. Ex parte Elizondo, 947 S.W.2d 202, 209 (Tex. Crim. App. 1996). Continue reading
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AP-76,906 SMITH, EX PARTE ROOSEVELT, JR. FROM HARRIS COUNTY

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071.
In October 2007, a jury found Applicant guilty of the offense of capital murder. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant’s conviction and sentence on direct appeal. Smith v. State, No. AP-75,793 (Tex. Crim. App. September 29, 2010), cert. denied, 131 S. Ct. 1815 (2011). Continue reading
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AP-76,907 CONCURRING OPINION JUDGE ALCALA – Concurrence.

I join the Court’s decision to deny applicant’s claim. I write separately to explain why I conclude that the mitigation evidence presented during the punishment phase did not warrant a separate instruction. Compare Ex parte Williams, No. AP-76,455, 2012 WL 2130951, at *23 (Tex. Crim. App. June 13, 2012) (not designated for publication) (Alcala, J., dissenting) (mitigation instruction warranted because jury was unable to give “reasoned moral response to evidence of applicant’s remorse”). Continue reading
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AP-76,907 CAMPBELL, EX PARTE ROBERT FROM HARRIS COUNTY

This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.
In May 1992, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant’s punishment at death. This Court affirmed applicant’s conviction and sentence on direct appeal. Campbell v. State, 910 S.W.2d 475 (Tex. Crim. App. 1995). Applicant filed his initial post-conviction application for a writ of habeas corpus in the convicting court on April 23, 1997. This Court denied applicant relief. Ex parte Campbell, No. WR-44,551-01 (Tex Crim. App. Mar. 8, 2000)(not designated for publication). Application filed his first subsequent application in the trial court on May 28, 2003, in which he asserted that his execution would violate the Eighth Amendment because he was mentally retarded and that the jury should have determined the issue of mental retardation. This Court dismissed applicant’s first subsequent application. Ex parte Campbell, No. WR-44,551-02 (Tex. Crim. App. July 2, 2003)(not designated for publication). In his second subsequent habeas application, which was filed in the trial court on August 14, 2006, applicant raised Brady and actual innocence claims. This Court dismissed that application on April 25, 2007. Ex parte Campbell, 226 S.W.3d 418 (Tex. Crim. App. 2007). The instant application was filed in the trial court on September 5, 2012. Continue reading
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AP-76,533 DISSENTING OPINION JUDGE MEYERS – Dissent.

The majority states that Applicant’s allegation regarding the unreliability of Dr. Coons’s expert testimony does not raise a cognizable claim on habeas corpus. Normally, the majority would be correct, but in this case, I disagree. If the majority would have taken the time to research the record, it would have discovered that Applicant’s claim was raised but not addressed by this Court on direct appeal. Therefore, the majority’s entire analysis is based on a false premise. When addressing Dr. Coons’s expert testimony in the direct appeal opinion, this Court stated that Applicant was arguing that Dr. Coons was not qualified to testify as an expert witness on future dangerousness. The Court determined that Dr. Coons was qualified as an expert and explained: Continue reading
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AP-76,533 RAMEY, EX PARTE KER’SEAN OLAJUWA FROM JACKSON COUNTY – Pub. – Dissent.

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,533

Ex parte KER’SEAN OLAJUWA RAMEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM JACKSON COUNTY

Keller, P.J., delivered the opinion of the Court in which Price, Keasler, Hervey, Cochran and Alcalá, JJ. joined. Meyers, J., filed a dissenting opinion. Womack and Johnson, JJ., concurred.
This is an application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.071 of the Texas Code of Criminal Procedure. Allegation twenty-one of the application complains, in part, about the admission of testimony from Dr. Richard Coons concerning whether applicant would pose a future danger to society. While the application was pending, we issued our opinion in Coble v. State, (1) where we found that Dr. Coons’s testimony was inadmissible under Texas Rule of Evidence 702. (2) We filed and set this application to further consider applicant’s twenty-first allegation and sought briefing from the parties.

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– Pub.

Before Justices Morris, Francis, and Murphy

Opinion By Justice Francis

By letter dated October 12, 2012, the Court questioned its jurisdiction over the appeal. Specifically, it appears there is no final judgment. We instructed appellant to file, within ten days, a jurisdictional brief explaining how we have jurisdiction over the appeal.
Unless an interlocutory appeal is specifically authorized by the constitution or statute, we have jurisdiction only over appeals taken from final judgments. See Beckham Grp., P.C. v. Snyder, 315 S.W.3d 244, 245 (Tex. App.-Dallas 2010, no pet.). A final judgment is one that disposes of all pending parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An order denying a motion to compel discovery is an unappealable interlocutory order. See Pelt v. State Board of Insurance, 802 S.W.2d 822, 827 (Tex. App.-Austin 1990, no writ). Appellant filed a jurisdictional brief. In her brief, she admits the case remains pending in the trial court and that the order appealed is interlocutory. Alternatively, appellant contends the Court may consider her appeal as a petition for writ of mandamus. Appellant has not filed a petition for writ of mandamus in accordance with the rules of appellate Continue reading
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05-12-00611-CR Smith, Lacedrick v. The State of Texas

Lacedrick Lashawn Smith pleaded guilty to unauthorized use of a motor vehicle. The trial court deferred adjudicating appellant’s guilt and placed him on two years’ community supervision. Although the State moved to adjudicate appellant’s guilt, the trial court did not adjudicate appellant’s guilt in this case and ultimately discharged appellant from community supervision. Continue reading
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05-11-00851-CR Mundine, Nathaniel v. The State of Texas

Before Justices Bridges, Richter, and Lang

Opinion By Justice Lang

Nathaniel Mundine appeals his conviction for possession with intent to deliver a controlled substance, cocaine, in the amount of four grams or more, but less than 200 grams. Pursuant to a plea agreement, Mundine entered a plea of guilty, but before entering his plea, Mundine filed a motion to suppress evidence, which was denied without a hearing. In three issues on appeal, Mundine contends that the trial court erred by denying his motion to suppress without conducting a hearing. In his first issue, Mundine argues the trial court erred by denying his motion to suppress without conducting “a full and fair hearing” to determine whether the police’s warrantless search and seizure was lawful. Mundine contends in his second issue that the trial court’s denial of his motion to suppress without a hearing, without any evidence being submitted by the State, and when no record was made, denied him procedural due process, as provided by the 14th Amendment to the United States Constitution. In his third issue, Mundine contends that because no evidence was submitted by the State to the trial court before it rendered its order denying his motion to suppress, Mundine was denied his right of due course of law under the Texas Constitution. See Tex. C Continue reading
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05-11-00811-CR Johnson, Luzetta v. The State of Texas

Before Justices Morris, Francis, and Murphy

Opinion By Justice Francis

Luzetta Johnson waived a jury trial and entered an open plea of guilty to two counts of aggravated assault with a deadly weapon. In each case, the trial court found appellant guilty, made an affirmative finding she used or exhibited a deadly weapon, and assessed punishment at twelve years in prison. In a single issue, appellant contends the trial court improperly tried her after she was found incompetent. We affirm. Continue reading
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05-11-00779-CR Parker, Michael Joseph v. The State of Texas

Before Justices Morris, Francis, and Murphy

Opinion By Justice Morris

A jury convicted Michael Joseph Parker of murdering his girlfriend. In two points of error, appellant complains that the trial court erred in submitting an improper charge to the jury and the evidence against him is legally insufficient to support his conviction. We affirm the trial court’s judgment. Continue reading
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05-11-00349-CR Banks, Arthur Andre v. The State of Texas

Before Justices Morris, Francis, and Murphy

Opinion By Justice Francis

Arthur Andre Banks was charged with second-degree burglary of a habitation. He pleaded guilty to the charge without a recommendation on punishment and pleaded true to an enhancement paragraph. The trial court found him guilty and assessed punishment at twelve years in prison. In two issues, appellant complains the trial court failed to consider the entire range of punishment and counsel provided ineffective assistance. We overrule both issues and affirm the trial court’s judgment. Continue reading
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05-11-00230-CR Meadows III, Jack Gene v. The State of Texas

Before Justices Morris, Francis, and Murphy

Opinion By Justice Francis

Jack Gene Meadows III was charged by separate indictments with two forgeries and theft. Appellant pleaded guilty to the charges and true to two enhancement paragraphs without a recommendation as to punishment, and the trial court assessed concurrent sentences of six years in prison for the forgeries and one year in state jail for theft. In a single issue, he contends he received ineffective assistance of counsel. We affirm. Continue reading
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03-11-00721-CR Austin Joel Trott v. The State of Texas–Appeal from 426th District Court of Bell County – Pub.

Appellant, Austin Joel Trott, pleaded guilty to the charge of theft of a firearm, a state jail felony with a statutory punishment range of six months to two years and a fine of up to $10,000. Tex. Penal Code Ann. 31.03(a),(e)(4)(C) (West 2011). The trial court placed appellant on three years deferred-adjudication community supervision. Appellant was subsequently arrested for public intoxication and burglary of a motor vehicle. Appellant bonded out of jail and fled to Mexico before the State filed a motion to adjudicate. He remained in Mexico for two years before returning to Texas to confront his legal problems. He pleaded “true” to the allegations in the motion to adjudicate and requested continued community supervision. The trial court adjudicated appellant guilty and imposed a sentence of 18 months in state jail. The court also assessed court-appointed attorney’s fees of $787.50 that appellant was to pay on release from his sentence. The record reflects that the trial court twice found appellant to be indigent. On appeal, appellant contests the assessment of attorney’s fees and alleges that the trial court abused its discretion in imposing the jail sentence. We sustain appellant’s first issue and modify the judgment to delete the attorney’s fees award; we overrule his second issue and affirm the judgment of the trial court as modified. Continue reading
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03-11-00719-CR Lawrence John Short, II v. The State of Texas–Appeal from 264th District Court of Bell County – Pub.

Appellant, Lawrence John Short II, was indicted in June 2006 for sexual assault, a second-degree felony. See Tex. Penal Code Ann. 22.011(a)(2)(A), (f) (West 2011). A second-degree felony has a statutory punishment range of two to twenty years in prison and a fine of up to $10,000. See Tex. Penal Code Ann. 12.33 (West 2011). Appellant pleaded guilty, and the trial court placed appellant on ten years’ deferred-adjudication community supervision. In September 2008, the State filed a motion to adjudicate, alleging that appellant had violated the terms of his community supervision in various ways. As a separate prosecution, the State also charged appellant with failure to register as a sex offender (as required by virtue of his prior offense), which is a third-degree felony. See Tex. Code Crim. Proc. Ann. art. 62.102(b)(2) (West 2006). The statutory punishment range for a third-degree felony is two to ten years in prison and a fine of up to $10,000. See Tex. Penal Code Ann. 12.34 (West 2011). Continue reading
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14-12-00179-CR Melvin I. Alvarado v. The State of Texas–Appeal from 338th District Court of Harris County

Appellant entered a plea of not guilty to capital murder. He was convicted and sentenced to mandatory life imprisonment without the possibility of parole. Appellant filed a timely notice of appeal.
Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Continue reading
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